Terms & Conditions

1. DEFINITIONS

 1.1 “Agreement” means this document.

“Carriage” means the whole of the operations and services undertaken by the Carrier as

specified on the face of this document including storage, packaging or handling or other

services where this is applicable. This term includes the towing of vehicles, trailers, mobile

health clinics and vessels.

“Carrier” means A Black Towing 18 535 901 295

“Container” includes any container, trailer, tilt, igloo, wagon, transportable tank, flat pallet or

any other unit load device used to consolidate goods.

“Customer” includes the sender, shipper, Consignor, Consignee, receiver of the goods, any

person owning or entitled to the possession of the goods, and anyone acting on behalf of

such persons.

“Dangerous Goods” means goods which are or may become dangerous, inflammable or

damaging including radioactive material(s), or which are or may become liable to damage

any property whatsoever.

“Freight” includes all charges payable to the Carrier.

“Goods” means the goods accepted from the Customer and includes any container not

supplied by or on behalf of the Carrier. The term includes motor vehicles, trailers, machinery

and site sheds.

“Place of Receipt” means the place designated as such on the face of this Agreement.

“Place of Delivery” means the place designated as such on the face of this Agreement.

“Storage” means the whole of the operations and services undertaken by the Carrier in

respect of the goods in receiving, storing and subsequently making the goods available for

collection.

“Storage Period” means the period of storage (if any) indicated on the face of this Agreement.

“Sub-Contractor” means any sub-contractor of the Carrier and the sub-contractor’s servants,

agents or sub-contractors, indirect and direct sub-contractors.

2. INTERPRETATION

2.1 Headings are inserted for ease of reference only and shall be disregarded in the

interpretation of this Agreement.

2.2 The parties acknowledge and agree that:-

2.2.1 All the provisions of this agreement are reasonable in all the circumstances and that

each provision is and shall be deemed to be severable and independent.

2.2.2 This agreement is subject to all compulsory rules and requirements of law to which

the carriage is subject to the intent and effect: that if any provision hereof is to any extent

repugnant to or inconsistent with any such rules or requirements or if all or any part of any

provision is judged invalid or unenforcable, such provision shall to that extent, but no further,

be deemed not to form part of these Conditions of Carriage and Storage and shall not affect

the validity enforcability of the remaining provisions.

2.2.3 Notwithstanding anything herein contained, the Carrier shall continue to be subject to

any condition or warranty implied by the Trade Practices Act 1974 (Cth) or the Fair Trading

Act 1989 (Qld), if and to the extent that the said Acts are applicable to this agreement and

prevent the exclusion, restriction or modification of any such Condition or warranty.

2.3 This agreement contains the entire understanding of the parties as to its subject matter.

There is no other understanding, agreement, warranty or representation whether express

or implied in any way defining or extending or otherwise relating to these provisions or

binding on the parties with respect to the storage and carriage or the matters to which this

agreement relates.

2.4 This agreement is governed by and is to be construed in accordance with the laws of

the State of Queensland.

2.4.1 Each party irrevocably and unconditionally submits to the non exclusive jurisdiction of

the Courts of Queensland and Courts entitled to hear appeals from those Courts.

2.4.2 No action arising out of this agreement may be brought by a party more than one (1)

month after the cause of action has arisen except in the case of non payment where the

appropriate statutory limitation to an action for recovery of a simple contractual debt will

apply.

2.5 Where discretion is given to the Carrier by any provision hereof, the exercise of that

discretion by the Carrier shall be absolute and unfettered. Such an exercise of discretion

may be unreasonable or arbitrary.

3. CARRIAGE/DEMISE

3.1 The Carrier is not a common carrier and will accept goods for carriage only on these

conditions.

3.2 The Carrier undertakes to:

3.2.1 procure the carriage of the goods from the place of receipt to the place of delivery;

and/or

3.2.2 procure the storage of the goods for the storage period.

3.3 The Carrier at its discretion may sub-contract on any terms all or any part of its

undertaking herein.

4. CUSTOMERS WARRANTIES ACKNOWLEDGMENTS AND INDEMNITIES

4.1 The Customer warrants that –

4.1.1 the goods are fit for carriage and storage.

4.1.2 the Customer has the authority of all persons owning or interested in the goods to

enter into the contract on their behalf.

4.1.3 the person delivering any goods to the Carrier for carriage and/or storage is authorised

to sign this document for the Customer and by such signature or by the signature of any

other person acting for the Customer, the Customer accepts these terms and conditions.

4.2 The Customer acknowledges that:

4.2.1 no agent or employee of the Carrier is permitted to alter or vary these conditions.

4.2.2 no representations have been made by any employee or agent of the Carrier to the

Customer.

4.2.3 the Carrier enters into this Agreement for and on behalf of itself and its servants,

agents and sub-contractors, all of whom shall be entitled to the benefit of the Agreement

and shall be under no liability whatsoever to the Customer or anyone claiming through

him in respect of the goods, in addition to or separately from that of the Carrier under this

Agreement.

4.3 The Customer shall indemnify the Carrier against –

4.3.1 any loss or damage which may be suffered by the Carrier as a result of any breach by

the Customer of the warranties and acknowledgments herein.

4.3.2 any loss or damage to the Carrier’s containers or other equipment which occurs while

in the possession or control of the Customer or which occurs due to the nature or condition

of the goods in such containers.

4.3.3 For the purpose of this clause, “loss” expressly includes:-

4.3.3.1 consequential loss; and

4.3.3.2 any fine, levy, charge or other monetary imposition to which the Carrier may become

liable as an incident to the carriage, and resultant from any breach by the Customer of this

agreement.

5. LOCK OUTS AND BREAK DOWNS

5.1 In the case of a forced entry i confirm that i have expressly asked and approved A Black

Towing to forcefully enter the vehicle and that all resulting damage is my sole responsibility.

5.2 I accept that any repairs will be of temporary nature only designed to mobilise the vehicle

A Black Towing Recommend That the vehicle be taken to the nearest qualified mechanic

for further inspection.

6. ROUTE AND DEVIATION

6.1 The Customer authorises any deviation from the Carrier’s usual route or manner of

carriage which may in the Carrier’s discretion be necessary.

6.2 The Customer shall take delivery of the goods as soon as the Carrier is ready to deliver

them and if the Customer fails to take delivery of the goods the Carrier may without notice

unload the goods and/or store the same in the open or undercover, and with or without

refrigeration. Such storage shall constitute delivery and thereupon all liability whatsoever of

the Carrier in respect of the goods shall cease.

7. LIABILITY

7.1 At all times and in all circumstances and for all purposes the goods shall be and remain

at the sole risk of the Customer, and the Carrier shall be under no liability whatsoever for

any loss, or mis-delivery of or damage to goods occasioned during carriage and/or storage

arising from any reason whatsoever, including without limiting the foregoing, any negligence

or beach of contract or wilful act or default on the part of the Carrier, its servants and agents,

or otherwise.

7.2 The defenses and exclusions or liability provided for in this Clause and throughout this

Agreement generally shall apply in any action against the Carrier for loss or damage to the

goods whether the action be founded in contract or in tort or otherwise.

7.3 The Carrier shall be entitled to the benefit of the exclusion of liability provided for herein

even if it is proved that the loss or damage resulted from an act of omission of the Carrier

done with intent to cause damage or recklessly and with knowledge that damage would

probably result.

7.4 Nothing whatsoever done or omitted to be done or other conduct by the Carrier in breach

of the contract or otherwise howsoever lawfully or unlawfully, shall under any circumstances

constitute a breach going to the root of this agreement, or a deviation or departure therefrom

or repudiation thereof such as to have the effect of disentitling the Carrier from obtaining the

benefit of and enforcing all rights, defenses, exceptions, immunities and limitation of liability

and other like protections on the Carrier contained in those conditions and all such rights,

defenses, exceptions, immunities, limitations of liability and like protections shall continue to

have full force and effect in any event whatsoever.

8. DANGEROUS GOODS

8.1 If the Carrier accepts dangerous goods for carriage such goods must be accompanied

by a full declaration of their nature and contents and be properly and safely packed in

accordance with statutory regulations applicable to the carriage of those goods.

8.2 The Customer shall indemnify the Carrier against all loss (including consequential loss),

damage or injury however caused arising out of the carriage of any dangerous goods,

whether declared as such or not and whether or not the Customer was aware of the nature

of the goods.

8.3 Where dangerous goods are delivered to the Carrier without written consent or where

they are not distinctly marked to indicate the nature and character of the goods or if in the

opinion of the Carrier the articles are or are liable to become of a dangerous and flammable

or damaging nature, the same may at any time be destroyed, disposed of, abandoned,

or rendered harmless without compensation to the Customer and without prejudice to the

Carrier’s right to freight.

8.4 The Customer undertakes that the goods are packed in a manner adequate to withstand

the ordinary risks or carriage having regard to their nature and in compliance with all laws

and regulations which may be applicable during carriage.

9. GENERAL LIEN

9.1 Goods are received and held by the Carrier subject to:

9.1.1 A lien for moneys due to the Carrier for the carriage and/or storage of and other proper

charges or expenses upon or in connection with the goods; and

9.1.2 A general lien for all moneys or charges due to the Carrier from the Customer and the

Owner of such goods for any services rendered or accommodation provided by the Carrier

to the Customer or Owner.

9.2 Where any lien remains unsatisfied within seven (7) days from the date on which the

Carrier gave notice of the exercise of his lien to the Customer (or Owner as the case may

be), the goods may at the Carrier’s discretion be sold by public auction or private treaty

and the proceeds of sale applied in or towards the satisfaction of every such lien and all

proper charges and expenses in relation thereto (including the expenses of the sale) and the

Carrier shall account to the Customer or the Owner of the goods for any surplus.

10. STORAGE

10.1 Any storage of goods shall be as agent of the Customer and solely at the Customer’s

risk and expense, but the provisions of clause 7 hereof shall nevertheless apply.

10.2 At the Carrier’s discretion the goods may be stored at any place and at any time and

be removed from any place at which they may be stored or otherwise held to any other

place to be stored.

11. CARRIERS CHARGES

11.1 Freight is payable by the Customer without prejudice to the Carrier’s rights against any

other person.

11.2 Freight shall be deemed fully earned on receipt of the goods by the Carrier and is non

refundable in any event.

12. FORCE MAJEURE

12.1 Where a party is unable, wholly or in part, by reason of any fact, circumstance, matter

or thing beyond the reasonable control of the party affected (“force majeure”), to carry out

any obligation under this agreement, and the party:

12.1.1 gives the other party prompt notice of such force majeure with reasonably full

particulars thereof, and insofar as known, the probable extent to which it will be unable to

perform or be delayed in performing that obligation; and

12.1.2 uses all possible diligence to remove the force majeure as quickly as possible; that

obligation is suspended, so far as it is affected by force majeure, during the continuance

thereof.

12.2 Any obligation to pay money under this agreement shall not be excused by force

majeure.

12.3 The requirement that any force majeure shall be removed with all possible diligence

shall not require the settlement of strikes, lockouts or other labour disputes, or claims or

demands by any government on terms contrary to the wishes of the party affected.

13. INSURANCE

13.1 The Carrier will not effect any insurance of the goods for the benefit of the Customer

or otherwise, except:

13.1.1 on the prior written instruction of the Customer; and

13.1.2 at the Customer’s sole expense.

13.2 Should the Customer fail to specify the class of any insurance to be effected pursuant to

clause 13.1, the Carrier may effect that class of insurance which the Carrier in its discretion considers most appropriate to the goods.